Procter & Gamble falsely markets that its “Non-Drowsy” DayQuil over-the-counter cough, cold and flu medicine products won’t cause drowsiness, a new class action lawsuit alleges.
Plaintiff Bertha Meza claims the “Non-Drowsy” DayQuil products contain the active ingredient dextromethorphan hydrobromide (DXM), which she argues is “an ingredient that causes drowsiness.”
Meza argues Procter & Gamble misled reasonable consumers and overcharged them for the “non-drowsy” DayQuil products due to them containing DXM.
“The truth is that products containing DXM — including the NonDrowsy DayQuil Products — do cause drowsiness, and that drowsiness is a common side effect of DXM (a fact not known by the average consumer),” the DayQuil class action states.
Meza wants to represent a nationwide class and California subclass of consumers who have purchased a “non-drowsy” DayQuil product.
Procter & Gamble labeling the DayQuil products as “non-drowsy” is in violation of the U.S. Food and Drug Administration rule prohibiting companies from...
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